City of Sacramento
Personnel and Public Employees Committee Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00912 7/25/2023 Discussion Item 4.
Annual Report and Performance Evaluation for City Council Appointive Officer - City Manager File ID: 2023-00912
Location: Citywide
Recommendation: Receive and pass a Motion forwarding to the City Council for discussion as part of the City Manager’s annual evaluation process for Fiscal Year 2023/2024.
Contact: Howard Chan, City Manager, (916) 808-7488, [email protected], Office of the City Manager
Presenter: Howard Chan, City Manager, (916) 808-7488, [email protected], Office of the City Manager
Attachments:
1-Description/Analysis
2-Compliance with Council adopted Linkage Policy
3-Fiscal Year 2022/2023 Accomplishments
Description/Analysis
Issue Detail: The mayor and city council are committed to performing regular annual reviews of its appointive officers.
The appointed officer evaluation is intended to move forward to the city council. The city council will meet in closed session, per Government Code section 54957(b), to provide feedback on past accomplishments and to give direction on the workplan for the upcoming year.
Policy Considerations: Council Rules of Procedure, Chapter 18.
Economic Impacts: Not applicable.
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
File ID: 2023-00912 7/25/2023 Discussion Item 4.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Clear communication and performance metrics are at the core of the work of the council and the city. To evaluate council appointive officers on a consistent basis, the Personnel and Public Employee (P&PE) Committee has the role and responsibility of developing and leading annual performance metrics and evaluations.
Financial Considerations: Not applicable.
Local Business Enterprise (LBE): Not applicable.
Executive Limitations: Treatment of Staff
Annual Performance Evaluation for Howard Chan, City Manager (Review Period: February 25, 2020 – July 1, 2023)
This document is intended to summarize compliance with the Council Treatment of Staff Policy for the City Manager.
Scope: Council Directed
Policy Contact
Darrell Steinberg
Mayor, Citywide
(916) 808-5300
[email protected]
Policy Number: 001
Date of Adoption: 06-07-2018
Resolution No.: 2018-0209
Monitoring Method: Council Report.
Frequency: Annually.
With respect to the workforce (paid and volunteer) the City Manager will develop and maintain a high-quality workforce gender and demographically representative of the city and without significant gender pay disparity. The City Manager shall not cause or allow conditions that are unfair, undignified, unsafe, or discriminatory.
I am committed to the standards that this policy sets forth. As City Manager, I will ensure we have the controls in place where we can and to continue to improve on efforts that move us towards this goal.
Accordingly, the City Manager shall not:
1. Operate without written administrative regulations and personnel rules that clarify policies and procedures for staff, which provide for effective handling of their concerns, and protect them against wrongful conditions.
In alignment with this policy, the City’s administrative regulations, personnel rules, and policies are available as resources for public review on the City’s
2 Executive Limitations: Treatment of Staff
Policies and Procedures Webpage (https://www.cityofsacramento.gov/city- government/policies-and-procedures).
Examples of these resources include, but are not limited to, the City’s:
• Civil Service Board Rules
(http://www.cityofsacramento.org/HR/Divisions/Administration/HR-B oards- Commissions/Civil-Service-Board)
• Citywide Human Resource Policies (http://www.cityofsacramento.org/City- Hall/Policies-and-Procedures)
• Grievance procedure
(http://www.cityofsacramento.org/HR/Divisions/Labor-Relations/Grievance- Process)
• Collective bargaining agreements
(http://www.cityofsacramento.org/HR/Divisions/Labor-R elations/Labor- Agreements)
• Employees’ procedural administrative rights
(http://www.cityofsacramento.org/HR/Divisions/Labor-Relations).
Additionally, through its Office of the City Auditor
(http://www.cityofsacramento.org/Auditor), the City of Sacramento maintains a Whistleblower Hotline, the purpose of which is to allow anonymous tips to be made regarding to provide public accountability. Anonymous tips can be made online at the
Whistleblower Tip Line Portal
(https://secure.ethicspoint.com/domain/media/en/gui/57874/index.html) or via telephone at 1-888-245-8859.
2. Allow staff members to be discriminated against for non-disruptive expression of ethical dissent, nor be without clear encouragement to report or inquire about illegal practices, improper conduct, or violations of city policy.
I am committed to creating and maintaining a work environment that is free from all forms of discrimination and harassment. We prohibit discrimination and take allegations of discrimination, harassment, and retaliation seriously by thoroughly investigating each claim through the Equal Employment Office (EEO). The EEO
webpage (http://www.cityofsacramento.org/HR/Divisions/EEO) provides resources, links, and frequently asked questions.
In 2021, 53 internal discrimination, harassment, and retaliation complaints were accepted for investigation. Out of the 53 complaints, eleven were deemed to be a violation of the City’s EEO policy. Thus, appropriate corrective action was taken. Of the 36 internal discrimination, harassment, and retaliation complaints from 2022 that have been completed and closed with the EEO Office, 16 were deemed to be a violation of the City’s EEO Policy. Appropriate corrective action was taken. There are additional complaints received in 2022, which are not yet closed with a determination due to ongoing or pending investigations.
Employees are encouraged to promptly report any discriminatory, harassing, or retaliatory conduct or known violations of the EEO Policy to their immediate
3 Executive Limitations: Treatment of Staff
supervisor, manager, department head, the Equal Employment Office, the Office of Labor Relations, or the Director of Human Resources. Additionally, employees may submit a charge of discrimination to the EEO office using the City’s online
reporting portal ( https://forms.cityofsacramento.org/f/EEODiscriminationForma) .
Additionally, the EEO Policy requires managers and supervisors to report the circumstances surrounding any reported allegations or observed acts of discrimination, harassment, or retaliation as soon as possible and no later than the next business day.
All new hires to the City of Sacramento are provided a copy of the City’s EEO Policy and all employees are required to attend discrimination and harassment training upon hire and again every two years thereafter.
The City has required ALL its employees to receive a 2-hour EEO training to prevent discrimination, harassment, retaliation, and “abusive conduct.” Such requirement exceeds state law (AB1825).
3. Fail to inform the workforce about their right to raise in confidence any matters covered by this policy to the City Manager or if the City Manager is implicated to the Human Resources Director.
Employees are encouraged to raise any violations of this policy with the City Manager, and in cases where the employee believes the City Manager is implicated, to the Director of Human Resources.
4. Fail to acquaint staff with their rights under this policy.
Human Resources informs City staff when policies are updated.
In addition, all City policies are located on the citywide policy page at:
http://www.cityofsacramento.org/City-Hall/Policies-and-Procedures , and
employees acknowledge City policies via the City’s learning management system when hired.
5. Fail to take reasonable steps to safeguard the safety and welfare of employees.
The City follows all state and federal regulations that pertain to the safety and wellbeing of employees, including California Occupational Safety and Health Administration, Department of Transportation and Department of Motor Vehicles, return -to-work programs, non -industrial medical programs, contractual risk transfer and insurance verification.
Employee Health and Safety - Pr ofessional
The City of Sacramento strives to maintain a work environment that protects the health of its employees and prevents accidental injury to approximately 5,074 full time equivalent employees. The City’s Illness and Injury Prevention Program integrates all of the policies and procedures intended to identify and control occupational hazards, including but not limited to, Hazard Communication, Ergonomics, Confined Space Operations, and Heat Illness.
4 Executive Limitations: Treatment of Staff
Employee Health and Safety - Personal
The City of Sacramento strives to provide and maintain a workplace free of recognized hazards and diligently prepares for emergencies. To further enhance preparedness for medical emergencies, 14 Automated External Defibrillators (AED) have been purchased and installed throughout various City facilities.
Environmental Health & Safety staff have provided CPR/AED training classes to interested employees and those who require it for their classifications to ensure personnel in all locations have the necessary training to respond to potential medical emergencies.
The City of Sacramento prohibits workplace violence, threats of violence, intimidation, and harassment. The City is committed to providing a safe workplace free from violence and retaliation. EH&S Staff provide Emergency Action Plan Trainings specialized to each facility. EH&S also coordinated specialized Confrontation Management Trainings for staff who work in positions having higher risk of workplace violence. Additionally, employees are assigned active shooter training through the learning management system upon hire.
Employees concerned about workplace violence are encouraged to speak to their supervisor or manager, or to contact Labor Relations for an evaluation as to whether a threat assessment by the City’s Threat Assessment Team is appropriate. The Team’s focus is to investigate reports of actual or threatened violence and then make recommendations for actions, as appropriate.
For additional information regarding workplace violence, please see the City’s Workplace Violence Policy
(API 44) at (http://www.cityofsacramento.org/City-
Hall/Policies-and-Procedures).
The City of Sacramento cares about the mental and emotional wellbeing of its employees. It provides free access to an Employee Assistance Program (EAP)
through CONCERN, 24 hours per day, seven days a week.
EAP is a program designed to help employees cope with emotional health, family, and other personal problems. The City provides the EAP to help our employees be happy, healthy, and productive. EAP can be reached by phone at 1-800-344-4222 or by visiting their website (https://login.concernhealth.com ). Our access code is:
cityofsacramento.
6. Fail to annually provide to the council a report detailing the makeup of the workforce.
The report should provide information on gender, sexual orientation, ethnicity, and compensation by job classification as well as promotions and disciplinary actions.
The City Auditor provides this information to the City Council on an annual basis..
7. Fail to protect the integrity of the workforce by allowing nepotism, cronyism, and sexual harassment.
5 Executive Limitations: Treatment of Staff
The City’s Nepotism and Conflict of Interest Policy expressly prevents improper supervisor-subordinate relationships by prohibiting employees from supervising others with whom they have a familial, cohabitant, or amorous relationship.
The City’s EEO Policy expressly forbids, and the City does not tolerate, sexual harassment. In addition to the definition and description in the City’s policy, more information about sexual harassment can be obtained by visiting the Rape, Abuse & Incest National Network (RAINN) website
(https://www.rainn.org/articles/sexual-harassment
).
* The City's nepotism policy does not apply to employees in classifications represented by the Sacramento Area Firefighters, Local 522. This change is subject to the meet and confer process detailed in our labor agreement, and ultimately to a binding arbitration hearing if we cannot come to an agreement on this policy.
8. Fail to protect the integrity of the workforce by allowing fraternization between supervisors and their employees.
The City’s Nepotism and Conflict of Interest Policy expressly prevents this behavior.
9. Fail to lawfully discipline any employee who:
a. Steals city materials.
b. Causes physical or emotional harm to a coworker.
c. Causes detriment to the integrity of the city organization.
We are in compliance with the Civil Service Board Rules (CSBR): Rule 12.1, authorizes the City Manager, or designee, with the full freedom of disciplinary authority to determine employee discipline. It is the intent of such discipline to be fair, honest, and efficient.
Although not limiting, CSBR, Rule 12.2, provides a comprehensive list of causes for employee disciplinary action, and it is the expectation that all employees are held to account for their behavior and/or performance as it relates to their employment.
Council Staff Linkage: City Manager
Annual Performance Evaluation for Howard Chan, City Manager (Review period: February 25, 2020 – July 1, 2023)
This document is intended to summarize compliance with the Council Staff Linkage Policy for the City Manager.
Scope: Council Directed
Policy Contact
Darrell Steinberg
Mayor, Citywide
(916) 808-5300
[email protected]
Policy Number: 005
Date of Adoption: 06-26-2018
Resolution No.: 2018-0259
Monitoring Method: City Manager Report
Frequency: Annually, based on appointment date
A. The City Manager is the chief executive officer of the city and is responsible for its effective administration. The City Manager shall not fail to carry out the duties vested in the office by the Sacramento City Charter, and Sacramento City Code.
I acknowledge the duties and responsibilities expected of me.
A. The City Manager reports directly to the City Council. The City Council is responsible for hiring, evaluating, and terminating the City Manager.
I acknowledge this reporting structure.
B. The City Manager shall not cause or allow any practice, activity, decision, or organizational circumstance that is illegal, unethical, imprudent, or in violation of commonly accepted business and professional ethics.
I have not allowed any practice, activity, decision, or organizational circumstance that is illegal, unethical, imprudent or in violation of commonly accepted business
2 Council Staff Linkage: City Manager
and professional ethics. In addition, I will continue to support an environment where such behaviors are reported in a safe and protected environment.
C. The City Manager shall receive applicable monitoring reports and compile them into a comprehensive citywide report for submission to the city council.
Each department collects dozens to hundreds of performance measures. Some of these performance measures are specific to an individual division and only reviewed by division managers. Some performance measures are relevant to the entire department and reviewed by the department director, while the City Manager’s Office reviews a high-level summary of these measures. Of the roughly 500 performance measures, approximate 80 were identified to have Citywide operational significance and are reported in an internal CMO Executive Dashboard.
The City’s Annual Budget document is the comprehensive citywide report that contains performance measures of citywide significance. The Fiscal Year (FY) 2023-24 Proposed Budget contains a total of 87 performance measures. In addition, the performance management team is exploring development of a performance measures dashboard that the Executive Team, City Manager’s Office and ultimately the City Council and public will have access to following the City Council’s adoption of its priorities.
D. The City Manager shall treat the council as a whole and be responsive to individual council members except where substantial resources are required to fulfill a request.
I continue to work with the Council as a whole, and I have been responsive to individual Council Members. Up until spring 2023, any request made from the dais, was tracked in a formal Council follow-up log and assigned to staff to complete.
Since then, Council has approved and created a committee structure where such requests get funneled into a review process then sent to the appropriate Council Committee for further deliberation. However, it is important to reflect that from the time of February 2020 to when this new process was adopted, 141 Council member requests were completed with only 11 items transferred from the log to the new committee system.
E. The City Manager shall use prudent judgement in the exercise of the delegations and in a manner that is operationally and economically sound, serves the best interests of the city and its residents, comports with prudent business practices, balances risks with benefits and does not expose the city to unreasonable risk.
Current delegations are up to date and comport with this policy.
F. The City Manager will timely inform the council if the City Manager determines that an activity related to the delegations presents, regardless of size or financial commitment:
1. A unique and significant operational risk.
2. A significant impact on residents.
3 Council Staff Linkage: City Manager
3. A significant impact on the city’s reputation.
4. Materially compromises the policies and goals established by the council.
I acknowledge the importance of timely information and communication and am committed to meeting those expectations.
The City works diligently to communicate quickly and efficiently with Council about operational risks, activities that may have a significant impact on residents, or any other issues that may affect the City and the policy/goals established by Council.
Recent examples of this proactive communication include the daily briefs shared during the City’s multi-faceted and weeks-long response to the severe storms in January 2023. Other examples include the City’s communication work during the COVID-19 pandemic as well as the protests/social unrest in summer 2020.
The city also works diligently to proactively communicate with its residents. The City Express website, our main tool for publishing City news, in 2022 had its best year ever in terms of traffic, receiving 765,271 views from 503,426 unique users. This represents a 25% increase in both views and visitors from 2021.
Using City Express, the city continues to grow followers our three main social media channels – Facebook, Instagram and Twitter. In addition, the city has developed a robust video strategy through its work producing “Reels.”
The City’s main newsletter, City Minute, continues to reach approximately 200,000 subscribers. In 2022, the city increased our open rate to 40%, up from 35% in 2021.
The city is on track to increase these metrics again in 2023.
G. The council may change its delegation to the City Manager at any time, subject to the city charter and the contract of the City Manager, thereby expanding or limiting the City Manager’s authority. But if a delegation is in place, the council will abide by the City Manager’s decisions in those areas that are delegated.
I acknowledge that Council may change its delegation at any time and will conform operations with current delegations.